National Green Tribunal
Suo Motu vs Government Of Karnatakarep By Its Chief ... on 12 August, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.3:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 54 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Suo Motu based on the news item published in
The Hindu dated 08.03.2016 titled
"Lake in heart of Bengaluru City turns"
Graveyard for fish".
... Applicant(s)
Versus
Government of Karnataka,
Bengaluru and Ors. ..Respondent(s)
Date of hearing: 12.08.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. Darpan K.M. for R1, R2.
Mr. M.R. Gokul Krishnan for R3.
Mr. T.V. Sekhar for R4.
ORDER
1. As per order dated 19.02.2020, this Tribunal had considered the statement submitted by the Tamil Nadu Pollution Control Board (TNPCB) and also other reports and then appointed a joint committee to go into the question 1 and submit a report. On 19.05.2020, at the request of the Central Pollution Control Board (CPCB), the matter was adjourned. On 14.08.2020, this Tribunal has received a joint committee with certain observations and suggestion to be complied with and also considered the status report submitted by the additional 4th respondent and thereafter passed the following order:-
"9) The Pollution Control Board is directed to take appropriate action against the violators in accordance with law including imposition of environmental compensation for the violation committed by them which is affecting quality of the Ulsoor lake."
2. Thereafter the matter was being adjourned from time to time either by notification or at the request of the counsel appearing for the parties. On.
10.06.2021, at the request of the counsel appearing for the official respondents the matter has been adjourned to 22.07.2021 for filing their independent reports. On 22.07.2021 the matter was adjourned to today by notification.
3. When the matter came up for hearing today through Video Conference, Mr. Darpan K.M. represented respondents 1 & 2, Mr. M.R. Gokul Krishnan represented 3rd respondent and Mr. T.V. Sekhar represented 4th respondent.
24. The joint committee vide its report dated 10.08.2020 made the following overall observations and suggestions which reads as follows:
"12.0. OVERALL OBSERVATION AND SUGGESTION OF THE JOINT COMMITTEE Based on the inspections and monitoring carried out by the joint Committee, the overall observations and suggestions of the Committee are:
a) There are three main feeder drains (two primary drains and one secondary drain) to Ulsoor Lake. The total area is 41.50 Hectares (102.22 Acres) which is maintained by Bruhut Bengaluru Mahanagara Palike. The permitted activities are fishing, walking, Fitness Park, children's play etc. and also utilized by Madras Engineering Group (MEG) for army persons training.
b) Ulsoor Lake is provided with earthen bunds on its Southern side serves as Main road called Murphy Road connects Murphy town with Old Madras Road and its Northern Side as Annaswamy Mudaliar Road connects the area of Shivan Chetty Garden & Kensington Road serving as the Military Camp.
c) The Department of Survey, Settlement and land Records, Revenue Deparment has carried out survey of Ulsoor Lake to identify any illegal encroachment of lake and submitted the survey report to the Committee. The survey measurement is tallying with the extent of Ulsoor Lake area mentioned in Property Registration Card i.e.4,28,945 m2. There is no illegal encroachment of Ulsoor Lake.
d) Ulsoor Lake water quality is being monitored under the National Water Quality Monitoring Programme (NWMP) b1, the Karnataka State Pollution Control Board (KSPCB) every month. As per the monitoring reports of KSPCB and also monitoring carried out by the Joint Committee, the water 3 quality of Ulsoor Lake conforms to designated-best-use classification Class "D" i.e. Water is fit for propagation of wildlife and fisheries. There is no improvement in the Lake Water Quality over the years.
e) Due to episodal pollution (death of fishes) in Ulsoor Lake during March 2016, CPCB had issued Directions under 18 (1) (b) of the Water (Prevention and Control of Pollution) Act 1974 to KSPCB to direct concerned authorities viz.
BBMP, BWSSB. Accordingly, KSPCB had issued the Directions under Section 33 (A) of Water Act on 03.05.2016 to BBMP, BWSSB, Dept. of Fisheries and MEG. The compliance status of directions issued are:
BBMP: Out of 4 directions, directions issued for establishing bunds and constructing of wetland are complied and remaining two directions i.e. providing diffused micro bubblers, fountains and online water quality monitoring system are not complied.
BWSSB: Out of 4 directions, directions issuecl for establishing STP is complied and remaining directions i.e. preventing entry of sewage into Lake and providing UGD for entire area are partially complied, and stop discharging of untreated sewage is not complied.
Dept of Fisheries: Out of 4 directions, directions issued for cleanliness of Lake and maintaining fish lingering within permitted capacity are complied and remaining two directions i.e. establishing nursery, periodical monitoring of Lake Water quality are not complied.
MEG: Out of 3 directions, directions issued for management of domestic sewage and deploy power boats in the Lake are not complied and land for setting up STP was provided by BBMP, considered as complied.
f) Total length of storm water drains including primary and secondary b 11.52 km in Ulsoor Lake Catchment. About 4 17 MLD of untreated sewage is being discharged into Storm Water Drains due to missing links / illegal discharges etc., which is diverted and stopped entering into Ulsoor take during dry weather. Out of 17 MLD, about 47% flow comes through C-200 drain, 44% flow comes through C-100, and the remaining 8% flow comes through C-204. But, the diverted sewage of about 17 MLD is being untapped during dry weather and diluted sewage during wet weather flow downstream through Challagatta primary storm water drain to Bellandur Lake.
g) The wastewater (sewage) samples analyzed for three Storm Water Drain reveals that BOD ranging between 36 to 118 mg/L, COD ranging between 76 to 230 mg/L, TDS ranging between 381 to 507 mg/L and the heavy metals reported as BDL. And the combined flow (all three drains) shows BOD as 51 mg/L, COD as 117 mg/L, TDS as 397 mg/L, TC as 3.5 Lac MPN /100 ml and FC as 1.1 Lac MPN/100 ml. The analysis results of wastewater confirm to the characteristic of domestic sewage and there is no significance of industrial wastewater discharge in to SWDs.
h) The total length of lateral sewer lines, sub mains, trunk sewer lines covering the entire Ulsoor catchment is 234.7 km and the estimated total sewage generated from the catchment areas is 95 - 97 MLD, as per the information furnished by BWSSB to the Committee. Presently, BWSSB has commissioned STP of 2 MLD capacities at Ulsoor Lake bund and the remaining sewage of about 93 - 95 MLD is being carried to 218 MLD - K & CSTP at Challagatta located at the downstream of Ulsoor.
i) The STP of 2 MLD at Ulsoor Lake is operated at 75% capacity i.e. 1.5 MLD and treated sewage is discharged to Ulsoor Lake after chlorination to maintain the water level drop due to evaporation and infiltration. The treated sewage 5 was not complying with the discharge standard w.r.t. Fecal Coliform. The observations over a period of 13 days reveal that there was maximum L inch level drop/Day in Ulsoor Lake noticed during dry weather, but the water level was maintained due to 3 days raining (wet weather) and overall no drop in water level noticed in 13 days. There was also no overflow observed during the above said period from Ulsoor Lake. The existing STP shall be augmented to operate at its full capacity, so that additional 0.5 MLD can be discharged to Ulsoor Lake, may adequate to maintain loss of water due to evaporation, infiltration etc.
j) The BWSSB has taken up 20 Nos. of works under Waste Water Management (WWM) Zone to upgrade / rehabilitation of sub mains and 16 Nos. of works under maintenance zone to upgrade / rehabilitate / missing links of lateral sewer lines which are to be connected to sub mains in order to prevent sewage entering in to Storm Water Drains, the same is expected to be completed by December 2020.
k) Madras Engineering Group (MEG) is providecl with Cauvery water supply and the estimated sewage generation is 4300 KLD, whereas the existing capacity of STP is only 100 KLD, remaining balance untreated sewage is being disposed in to BWSSB UGD system and also utilized for Gardening etc. The treated sewage of STP was not complying with the discharge standards w.r.t. BOD, COD, Ammonia and Fecal Coliform and being discharged into storm water drain. MEG has not obtained consent under Water (Prevention and Control of Pollution) Act, 1974 for discharge of effluent confirming to the discharge standards from KSPCB.
l) There is no major highly polluting industry in Ulsoor lake catchment. Only 62 types of units covering 14 Red, 35 Orange and 13 Green are operated & issued with consent by KPSCB. The total wastewater generation estimated from 6 different categories is 3212 KLD, the percentage of wastewater generation from Commercial complex (15.58%), Residential Apartments (11.70%), Hotels (26.35%), Industry (2.40%), Software units (24.25%), Slaughter House (1.25%) and Health care establishment (18.47%.) respectively. Out of 62 units, only 37 units (59.67%) are provided with STP / ETP to treat the wastewater generated and the remaining units are permitted to discharge untreated wastewater in to UGD with a permission of BWSSB.
m) Slaughter House is established in 2.7 acres land, slaughtering small & large animals and provided with Effluent Treatment Plant of 50 KLD to treat the effluent generated. The validity of the consent issued by IGPCB under the Water (Prevention & Control of Pollution) Act, 1974 had expired on 30.06.2009 and the slaughter house is being operated without valid consent till date. The 50 KLD ETP treated effluent was not complying with the discharge standards w.r.t. BOD, TSS and the CFE condition to discharge treated effluent to BWSSB operated STP for tertiary treatment. The treated effluent is being discharged in to BWSSB UGD system against the condition of KSPCB. Now, as per instruction of the Committee, the KSPCB has issued Show Cause Notice under the provisions of Water Act on 25.06.2020.
n) The ground water table in the periphery of Ulsoor Lake ranging between 5 m to 7m, the ground water samples collected at 10 locations reveals that there is no significance ground water contamination noted and the ground water quality samples collected are conforming to the Indian Standard for Drinking Water (IS 10500: 2012) permissible limit in the Absence of Alternate Source.
o) The primary and secondary drains in the Ulsoor Catchment are provided mostly with side fencing and full cover at few stretches to restrict the dumping of solid wastes in 7 to the drains. But, the common public, chicken shops owners, Road side vendors / Hotels etc., are disposing wastes in to SWD by making hole / removing the existing fencing, throwing above fencing etc. Due to which there is huge accumulation of solid waste noticed in the drains.
p) Ulsoor Lake is fenced all around and provided with Security. The screen provided to arrest entry of floating debris into wetland found inadequate to arrest floating debris carried during wet weather in the drains. Also observed there was lot of floating debris in wetland and also in the main water body of Ulsoor Lake. Huge quantity of solid wastes including POP idol, mattress, furniture, plastic items, etc. are being disposed in to Ulsoor Lake near outlet weir by the local residences (slum area) are causing further pollution to Lake water.
In view of above observations, the joint Committee suggests following measures for implementation by the concern authoities;
I. By Bangalore Water Supplly and Sewerage Board (BWSSB):
To operate the existing STP of 2 MLD at its full capacity with a compliance to the discharge Standards, so that additional 0.5 MLD can be discharged to Ulsoor Lake, may adequate to maintain loss of water due to evaporation, infiltration etc. To identify all missing links and illegal discharge of wastewater into Storm water Drain and also to complete all the works taken up w.r.t. up gradation / rehabilitation of sub mains and lateral sewer lines by December 2020, as committed to stop 77 MLD flowing in the Storm Water Drains during Dry Weather.
To ensure the implementation of Notification No. FEE 316 EPC 2015, dated 19.01.2016 issued by Forest, Ecology & Environment Secretariat w.r.t. installation of STP and reuse of 8 Treated Sewage.
To ensure the implementation of BWSSB (Rain Water Harvesting) Regulations 2010 and subsequent amendments w.r.t providing rain harvesting structure by the owner or occupier of the residential building.
To avoid laying of UGD lines & manholes within Storm Water Drains and also to execute work with an approval of BBMP - SWD.
II. By Bruhut Bengaluru Mahanagara Palike (BBMP):
To remove accumulated floating debris / solid waste from wet land and main water body of Ulsoor Lake.
To provide / install appropriate screen to arrest entry of floating matter at each stage i.e. Secondary drain to Primary drain, at regular interval may be of 1000 m in Primary drain. Also to develop system to remove accumulated debris from the screen on regular interval to protect and improve its functionality, also ensure disposal of debris removed to SWM processing facility. In addition, a section of 0.8 M width and 0.6 M depth pilot drain shall be constructed at the middle in all primary and secondary drains to carry dry weather flow and will help in collecting / removing solid waste. BBMP may explore deputing scavengers for supervising and removing of solid wastes from the drains. To provide silt traps at appropriate locations in the primary and secondary drains to avoid carryover of silts to the Lakes and easy removal from the drains too.
The existing screen provided to arrest entry of floating debris into wetland found inadequate and BBMP has planned to install floating screen for the same. The committee is of the opinion that the entry of water during wet weather is nothing but a diluted wastewater /sewage and carries lot of organic wastes along with it. The existing treated sewage from BWSSB STP (2 MLD) and MEG STP (100 KLD) may be adequate to 9 maintain the water level of Ulsoor Lake. So, it is suggested to replace the existing weir with sluice gates to stop entry of diluted sewage into wetland / Ulsoor Lake.
The treated water from STPs shall be discharged into wet land structure after complete cleaning to act as polishing process for removal of remaining suspended solids and biological oxygen demand making the water more hygienic and environmentally safe before release into main course of Lake.
To provide Cascade Aerators for discharging treated sewage in to wetland helps in removing odour due to Hydrogen Sulfide, if any. Also micro bubblers and fountains may be planned by ensuing available D.O., if required.
To install online monitoring system to assess the water quality of Ulsoor Lake on real time monitoring basis at appropriate location. Until installation of online system, BWSSB may start monitoring pH, DO and Temperature on daily basis along with STP monitoring records.
To renew the consent issued by KSPCB under the Water (Prevention & Control of Pollution) Act, 1974 for operating Slaughter House and 50 KLD ETP immediately. To upgrade and operate the ETP complying to the effluent discharge Standards and also to recycle the treated water for slaughter house washing/cleaning purposed. The effluent generated from mutton stalls located within slaughter house premises shall be treated in ETP and not to dispose directly into UGD. Also to implement the Notification No.PCB/WMC/SEO/2013-14/6271 dated 05.02.2014 issued by KSCB as per the Guidelines for Slaughter House prepared by CPCB.
III. By Departnrcnt of Fisheries:
To prescribe appropriate physio-chemical and biological parameters in the contract / agreement to carryout 10 water quality monitoring while appointing contractor for fishing.
To carryout study of bio accumulation of heavy metals in some tissues of fishes in Ulsoor Lake.
To maintain the cleanliness of the Ulsoor Lake and disposal of aquatic plants by pit composing method or any other means.
IV. By Madras Engineering Group:
To apply and obtain Consent (CFO) for discharge of effluents under the Water (Prevention & Control of Pollution) Act, 1974 and emissions under the Air (Prevention & Control of Pollution) Act, 1981 for operating & discharging of treated sewage from KSPCB immediately.
To operate the ETP complying to the effluent discharge Standards and not with discharge treated effluent directly into storm water drain. Shall lay a pipeline to discharge treated sewage with cascade aeration system in Wetland of Ulsoor Lake. Also to install flow meter and maintain proper records of the same.
To propose and construct additional STP to treat additional 4200 KLD of domestic sewage generated from MEG and stop discharging untreated sewage into UGD in time bound manner.
V. By Karnataka State Pollution Control Board: To ensure the implementation of Notification No. FEE 316 EPC 2015, dated 19.01.2016 issued by Forest Ecology & Environment Secretariat w.r.t. installation of STP and reuse of Treated Sewage.
Out of 62 units, only 37 units (59.67%) are provided with STP / ETP to treat the wastewater generated and the remaining units are permitted to discharge untreated wastewater in to UGD with a permission of BWSSB. KSPCB shall reinvestigate & take appropriate action to install STP / 11 ETP in remaining 25 units, if applicable."
5. The additional 4th respondent has filed a further status report dated 02.08.2021 with certain action plan which reads as follows:-
"STATEMENT OF PRESENT STATUS IN THE FORM OF STATUS AFFIDAVIT FILED ON BEHALF OF THE BENGALURU WATER SUPPLY AND SEWERAGE BOARD:
I, B.C. Gangadhar, S/o. Channe Gowda aged about 52 years, the Chief Engineer, WWM of the Bengaluru Water Supply and Sewerage Board, Cauvery Bhavan, KG Road, Bengaluru, being well aware of the facts and circumstances of the case do hereby solemnly affirm and state on oath as under:
1. I state that this Honb'le Tribunal was pleased to take note of the Article appearing in the vernacular press under the caption "Lake in the heart of the city turns graveyard for fish" published on 08.03.2016 and was pleased to order issuance of Notices to various state agencies to arrest future happenings of similar nature and to implement remedial measures so also to achieve such a cause.
2. I state that during the course of the proceedings before this Hon'ble Tribunal, I.A. No.28/2019 being an application filed by the BBMP came to be filed seeking to implead themselves in the proceedings.
3. I state that in this application, a reference was made about certain tasks entrusted with the BWSSB wherein it was stated that the directions issued the BWSSB was in the nature as extracted as under:
a. the BWSSB shall immediately stop the discharge of untreated sewage from the surrounding area of the lake.
4. I state that in obedience with the above extracted directions, we have initiated remedial measures and reported to the BBMP vide our letter dated 04.05.2016 that (a) all 12 connected sewers have been inspected regularly to ensure that no sewage shall enter the lake, (b) as a long term measure it is proposed to establish a 2 MLD STP near MEG GATE, (c) letter is addressed to the MEG not to harm the Sewer Lines, a follow up notice was also issued to the BWSSB on 26.06.2016.
5. I state that as per the directions of the KSPCB, we have initiated 36 restoration / developmental works and 34 works are already completed. Two works shall be completed by December 2021. Pursuant to this exercise, the flow of any sewage to the Halasuru Lake shall stand prevented.
6. I state that the 2.0 MLD STP is already installed and running to full capacity, that sewage to an extent of almost 1.8 MLD is treated daily and treated water is let into the wet lands and only treated water is let into the Halasuru Lake as per the direction of the Honb'le NGT to maintain water level in the lake. Any additional sewage beyond the treatable capacity is sent through the existing sewer lines to the K C Valley Treatment Plant.
7. I state that as regards to the STP, the inlet and outlet samples are collected daily and tested at in-house labs. Once a month as per the KSPCB norms, the external testing of the INLET / OUTLET sewage is also undertaken and even the KSCB also randomly take the samples of INLET / OUTLET once a month. All reports as on date are satisfactory and meeting the norms.
8. I state that the KSPCB is also following up the STP and sewage flow to the Halasuru Lake at regular intervals and no infirmity of any action of the BWSSB is observed. In fact the KSPCB are regularly conducting meeting and our officials are kept in the loop so that flow of sewage to the halasuru lake is prevented.
9. I state that hence the BWSSB has performed their statutory duties and responsibilities satisfactorily. It is hence 13 stated that this Affidavit of compliance is in furtherance of the directions passed by this Hon'ble tribunal dated 19.05.2020 and the same be placed on file as compliance on behalf of the BWSSB.
10. I state that the contents of this Affidavit is true and correct and there is no suppression of material fact and no material is hidden and the contents are the true reflection of the compliance as directed to the BWSSB. It is hence prayed that this Affidavit be placed on file in the interest of justice and equity."
ACTION TAKEN REPORT OF BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB) Time required Suggestions of the Sl. Measures yet to for Joint Committee in the Measures implemented No. be implemented implement report dt.10.08.2020
-ing the measures
1. To operate the existing Presently receiving 1.80 MLD 0.20 MLD to be 01 months STP of 2 MLD at its improved by required full capacity with a modifying inlet compliance to the arrangements.
discharge standards,
so that additional 0.5
MLD can be
discharged to Ulsoor
Lake, may adequate to
maintain loos of water
due to evaporation,
infiltration etc.
2. To identify all missing BWSSB has proposed 20 works Balance 2 works Up to end
links and illegal under waste management zone will be of
discharge of waste and 16 works under completed by December
water into storm water maintenance zone to prevent the December 2021 -2021.
drain and also to sewage flow in storm water by maintenance
complete all the works drain. zone
taken up w.r.t. As on 31.06.2021 out of 36
14
upgradation/ works, 34 works are completed.
rehabilitation of sub Balance 2 works will be
mains and lateral sever completed by December- 2021
lines by December (Enclosed Annexure-1) After
2020, as committed to execution of above works the 15
stop 17 MLD flowing MLD flow in SWD is reduced.
in the storm water
drains during Dry
Weather.
3. To ensure the BWSSB has made mandatory
implementation of for installation of STP and Dual
Notification No.FEE Piping System by insertion of
316 EPC 2015, dated new regulation "4A" for
19.01.2016 issued by Bangalore Sewage Regulation
Forests, Ecology & for the buildings vide
Environment notification No.BWSSB/C/CAO-
Secretariat w.r.t S/4138/2015-16, Bengaluru
installation of STP and dt.25.02.2016 which is further
reuse of Treated amended vide notification
sewage. No.BWSSB/CAO-S/ 5008/2017-
18 dt. 21.02.2018 for the
following buildings.
Sl. Particulars
No.
"4A. Establishment of
Sewage Treatment Plants
and Dual Piping System:-
(1) No water supply or
sewerage connection shall
be granted by the Board
on the application of
owner or builder or
occupier of new building
projects, unless sewage
treatment plant is
established and facilities
for reuse of treated
effluents by providing
dual piping system one for
toilet flushing purpose
and the other for all
15
purpose in respect of
(i) Residential buildings
consisting of 20 and
above apartments or
measuring 2,000 Sq.m.
and above whichever is
lower; or
(ii) Commercial building
measuring 2,000 Sq.m.
and above; or
(iii) Buildings of
educational institutions
measuring 5,000 Sq.m.
and above.
Around 34 No. of buildings
have installed the STP as on
31.06.2021.
4. To ensure the The Bangalore Water Supply
implementation of and Sewerage Act, 2010-72A:
BWSSB (Rain water Every owner or occupier of a
harvesting) regulations building having sital area of not
2010 and subsequent less than 216 square meters or
amendments w.r.t. every owner who propose to
providing rain construct building on a sital
harvesting structure by area of not less than 108 Square
the owner or occupier meters shall provide the rain
of the residential water harvesting structure for
building. use or ground water recharge.
Around 1661 No. of buildings
have implemented the RWH as
on date.
5. To avoid laying of
UGD lines & manholes
within storm water If there is buffer zone along the SWD the UGD line will be laid drains and also to in buffer zone and if there is no space the UGD line will be laid execute work with an inside SWD after obtaining approval by BBMP-SWD. approval of BBMP-
SWD.
16 17 186. It is seen from the report that there certain steps have been taken and for completion of the sewage regulations schemes undertaken by them, they wanted time up to December 2021.
197. The learned counsel appearing for the Central Pollution Control Board (CPCB) submitted that they wanted four weeks time to file their report.
We have also received an e-mail request dated 10.08.2021 from the counsel appearing for the Central Pollution Control Board for the same purposes.
8. The counsel appearing for the Karnataka State Pollution Control Board (KSPCB) also submitted that they have already initiated proceedings against the violators and if some time is granted, they may be able to come with the detailed report regarding the further action taken report and also the improvement, if any, happened in this Lake and after the action taken by the 4th respondent as well as by the Karnataka State Pollution Control Board (KSPCB).
9. The above officials are directed to file the respective reports to this Tribunal on or before 17.09.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10.The Registry is directed to communicate this order to the member of the joint committee, 4th respondent, Karnataka State Pollution Control Board (KSPCB), including the Chief Secretary, State of Karnataka and also the Principal Secretary for Environment and also Municipal Administration 20 for their information and for taking appropriate action for compliance of the direction of this Tribunal.
11.For consideration of reports, post on 17.09.2021.
Sd/-
...................................J.M. (Justice K. Ramakrishnan) Sd/-
...............................E.M. (Dr. K. Satyagopal) O.A. No.54/2016, 12th August, 2021, Sr. 21